1. Purpose and Scope
This Privacy Policy governs how Metallic Records may collect, receive, record, organise, store, use, disclose, protect and delete personal information in connection with its website, online services, music releases, artist and producer relationships, recording and production activities, distribution, promotion, sales, customer support, events, enquiries and business administration.
It applies to information relating to customers, artists, producers, songwriters, performers, licensors, suppliers, contractors, applicants, collaborators, website visitors and other individuals who interact with Metallic Records, to the extent applicable law applies.
2. Responsible Party and Contact
Metallic Records is responsible for determining the purposes and means for processing personal information in its business activities, subject to applicable law and the terms of specific arrangements with service providers.
Privacy enquiries, requests for access or correction, objections, complaints and other data-protection correspondence should be directed through the official contact details published by Metallic Records on its website. Metallic Records may require reasonable information to verify identity before responding to a request.
3. Information We May Collect
Depending on the relationship and service involved, Metallic Records may collect names, contact details, email addresses, telephone numbers, billing and transaction information, delivery information, account information, enquiries, communications, contract details, artist and contributor information, professional credits, music metadata, rights information, payment confirmations and records of consent or approvals.
Technical information may include IP address, browser/device information, approximate location derived from technical data, pages viewed, referring pages, access times, error information and cookie or analytics identifiers, where applicable.
Metallic Records should avoid collecting personal information that is not reasonably required for a legitimate business purpose.
4. Sources of Personal Information
Information may be obtained directly from the individual, from a representative authorised by the individual, from a business or contractual counterparty, from payment or delivery providers, from public professional sources, from music-industry rights databases or collecting societies where lawful, and automatically through website technology.
5. Purposes of Processing
Personal information may be processed to respond to enquiries; provide products and services; process orders and payments; deliver digital products; manage artists, producers and contributors; prepare and perform contracts; administer releases and rights; create credits and metadata; distribute and promote music; prevent fraud and misuse; maintain business records; provide customer support; comply with legal obligations; enforce agreements; resolve disputes; protect company and third-party rights; improve the website; and send marketing where legally permitted.
6. Lawful Processing and Data Minimisation
Metallic Records intends to process personal information only for defined and legitimate purposes and in a manner consistent with applicable South African data-protection requirements. Information should be adequate, relevant and not excessive for the purpose for which it is collected.
Where consent is relied upon, consent should be appropriately obtained and may be withdrawn where applicable. Withdrawal does not necessarily invalidate processing already lawfully completed or processing based on another lawful ground.
7. Artists, Producers and Industry Records
Professional information may be retained where necessary to administer recordings, releases and rights. This may include legal names, professional names, contributor roles, songwriting splits, production credits, ISRC/metadata information, payment records, tax-related information where required, signed agreements and communications concerning approvals and rights.
Because accurate music metadata can affect ownership attribution and royalty administration, Metallic Records may retain records needed to demonstrate the history and authority for a release.
8. Payments and Financial Information
Payments may be processed by third-party payment providers. Metallic Records may receive transaction confirmations or limited payment details necessary to reconcile an order but may not receive or store complete payment-card credentials where the payment provider handles them directly.
Financial records may be retained for accounting, tax, audit, fraud prevention, dispute resolution and legal compliance purposes for as long as reasonably required or legally required.
9. Disclosure to Third Parties
Information may be shared with payment processors, hosting providers, website/technology providers, distributors, digital service providers, professional advisers, accountants, attorneys, insurers, delivery providers, rights administrators, collecting societies, regulators, law-enforcement authorities or courts where necessary, authorised or legally required.
Metallic Records does not intend to sell personal information as a commercial data product. Third-party providers may process information under their own terms and privacy notices.
10. Music Distribution and Public Professional Information
Music releases may require artist names, contributor credits, songwriter information, label information, release dates, artwork and other metadata to be supplied to distributors, platforms, broadcasters, retailers, collecting societies and promotional partners. Information that is intentionally published as professional music metadata may become publicly accessible.
11. International Processing
Digital music and technology services may involve infrastructure or providers located outside South Africa. Where personal information is transferred across borders, Metallic Records will seek to do so in accordance with applicable South African data-protection requirements and any contractual safeguards considered appropriate.
12. Security
Metallic Records will take reasonable technical and organisational measures appropriate to the nature of the information and the risks involved. Measures may include access controls, passwords, restricted administrative access, secure service providers, backups, monitoring, contractual controls and secure disposal practices.
No internet transmission or storage system can be guaranteed completely secure. Individuals should avoid sending unnecessary confidential information through unsecured channels.
13. Retention and Destruction
Personal information may be retained for as long as necessary for the purpose for which it was collected, for contractual and business continuity requirements, for accounting and tax obligations, to establish or defend legal claims, to maintain rights and royalty records, or where otherwise permitted or required by law.
When information is no longer required, Metallic Records may securely delete, destroy, anonymise or de-identify it, subject to lawful retention obligations.
14. Individual Rights and Requests
Subject to applicable law and any lawful limitations, an individual may have rights relating to access, correction, deletion or objection to certain processing, and may have rights concerning direct marketing and complaints. Requests should identify the individual, describe the information or processing concerned and provide sufficient detail for Metallic Records to respond.
Some requests may be refused or limited where permitted by law, including where disclosure would reveal another person's information, prejudice legal proceedings or conflict with a lawful retention duty.
15. Direct Marketing
Marketing communications may be sent where lawful. Recipients may be provided with an appropriate method to opt out of future marketing communications. Transactional, security, legal or service messages are not necessarily marketing and may still be sent where required to administer a relationship.
16. Children
Metallic Records does not knowingly seek unnecessary personal information from children. Where applicable law imposes additional requirements concerning a child's information, those requirements will be respected.
17. Cookies and Analytics
The website may use essential cookies and, where enabled, analytics or third-party technologies. The separate Cookie Policy provides additional information about these technologies and available controls.
18. Complaints and Regulatory Rights
Individuals may raise privacy concerns directly with Metallic Records first. Applicable South African law may also provide mechanisms for complaints or regulatory engagement through the Information Regulator. POPIA establishes requirements for lawful processing of personal information and the Information Regulator has an enforcement and oversight role.
19. Changes to this Policy
Metallic Records may update this Policy to reflect changes in services, technology, law or business practices. The effective date will identify the current version. Material changes should be reviewed before continued use of the relevant services.
Legal Framework and Applicable South African Law
This Policy is intended to operate within the laws of the Republic of South Africa. Nothing in this Policy is intended to exclude, waive, limit or contract out of a mandatory legal right, obligation, remedy or protection that cannot lawfully be excluded or limited.
The legal framework relevant to Metallic Records' activities may include, depending on the transaction and circumstances, the Copyright Act 98 of 1978 and applicable amendments; the Performers' Protection Act 11 of 1967 and applicable amendments; the Protection of Personal Information Act 4 of 2013 (POPIA); the Promotion of Access to Information Act 2 of 2000 (PAIA); the Consumer Protection Act 68 of 2008 (CPA); the Electronic Communications and Transactions Act 25 of 2002 (ECTA); applicable intellectual-property, contract, commercial, tax, evidence, advertising and consumer law; and other legislation or regulations applicable to a particular activity.
South African government materials identify the Copyright Act as regulating copyright in musical and other works, while the Performers' Protection Act protects performers' rights. The Copyright Amendment Act 9 of 2002 specifically addresses copyright in sound recordings and royalties.
Music Rights, Copyright and Sound Recordings
Metallic Records treats music rights as separate rights that must be identified and documented. A musical composition, lyrics, sound recording/master, performance, artwork, photograph, video, name, logo, sample, remix, stem and other material may involve different rights and different rightsholders.
Unless a written agreement expressly provides otherwise, the existence of a recording, upload, release, invoice, payment or promotional relationship does not by itself establish that every underlying copyright or publishing right has been transferred to Metallic Records.
For sound recordings, the rights of the owner and the rights of featured performers must be considered separately. South African legislation recognises exclusive rights relating to sound recordings and provides a framework concerning royalties and performers.
Performers, Artists and Moral/Economic Rights
Artists and performers remain responsible for accurately identifying their contribution and the rights they control. Metallic Records will seek appropriate written permissions, licences, assignments or other contractual authority before exploiting rights that belong to an artist or third party.
Where applicable, performer rights, including rights relating to the use of performances and recognition of performers, must be respected. The Performers' Protection Amendment Act 8 of 2002 amended the statutory framework concerning restrictions on the use of performances.
Publishing, Composition and Songwriter Rights
Composition rights are distinct from master-recording rights. Writers, composers, lyricists, publishers and other contributors may have interests in the underlying musical work even where Metallic Records owns, controls or distributes a sound recording.
Any assignment, administration, licence, publishing arrangement, split, royalty participation or waiver must be established by an applicable written agreement and should identify the work, contributors, percentages or commercial terms, territory, duration and rights granted.
Royalties, Collecting Societies and Rights Administration
Where royalties arise through public performance, broadcast, communication to the public, digital exploitation, sound-recording use or other rights, the relevant contractual and statutory rules apply. South Africa has collecting societies that administer different categories of music rights. CIPC materials identify organisations including SAMRO, SAMPRA and other collecting societies and explain their roles in royalty collection and distribution.
Registration or membership with a collecting society does not automatically transfer unrelated rights to Metallic Records. Conversely, a private contract with Metallic Records does not by itself prevent a rightsholder from exercising a statutory right that cannot lawfully be contracted away.
Contracts, Evidence and Record Keeping
Metallic Records may use written artist recording agreements, producer agreements, beat/instrumental licences, service agreements, invoices, release confirmations, delivery records, royalty statements, correspondence, approvals and electronic records to establish the terms of a relationship.
Electronic communications and electronically stored records may be retained as business records where lawful. Parties should keep signed agreements, identity/business details where lawfully collected, invoices, payment confirmations, delivery records, approvals, credits, split sheets, metadata and correspondence relating to material transactions.
Disputes, Notices and Enforcement
If a dispute arises, Metallic Records may require the parties to identify the agreement or policy involved, the relevant transaction, the disputed rights or obligations, supporting documents and the remedy sought. Where an applicable contract contains a dispute-resolution procedure, that procedure should be followed subject to mandatory law.
Nothing in this Policy prevents Metallic Records from seeking urgent or appropriate relief from a competent court, preserving evidence, enforcing intellectual-property rights, recovering amounts lawfully due, or taking other lawful steps necessary to protect the company and its rights.
Priority of Law and Contract
Where there is a conflict between this Policy and a signed project-specific agreement, the signed agreement will govern the project-specific commercial terms to the extent legally valid and applicable. Where mandatory South African law conflicts with either, the mandatory law prevails.
These policies are company policies and contractual terms where incorporated into an applicable transaction. They do not create a private legal system capable of overriding South African legislation or a court's authority.
Legal Review and Updates
South African music and intellectual-property law can change through legislation, regulations, court decisions and regulatory developments. Metallic Records may update its policies when necessary. A new version should identify its effective date and should not be interpreted as retrospectively changing a signed agreement unless the parties lawfully agree to that change.
Because the enforceability of a particular clause depends on its wording, facts, contracting parties and applicable law, Metallic Records should obtain advice from a South African attorney or suitably qualified legal professional for material disputes, high-value agreements and unusual rights transactions.